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2023 Supreme(P&H) 3332

RITU BAHRI, MANISHA BATRA
Beekons Industries Limited – Appellant
Versus
Commissioner of Income Tax – Respondent


Advocates Appeared:
Ms. Radhika Suri, Senior Advocate with Mr. Abhinav Narang, Advocate and Mr. Ishan Aggarwal, Advocate for the Appellant(s) in ITA-407-2011 and ITA-33-2012.
Ms. Gauri Neo Rampal, Senior Standing Counsel for the Income Tax Department.

JUDGMENT

Ritu Bahri, J.

CM-29916-CII-2011

For the reasons mentioned in the application, the same is allowed and the delay of 32 days in refiling the appeal is condoned.

Main cases

2. This order shall dispose of two income tax appeals i.e. ITA No. 407 of 2011 and ITA No. 33 of 2012 as the issue involved in both the appeals is identical. For the sake of brevity, facts are being extracted from ITA-407-2011.

3. The appellant has come up in appeal against the order dated 13.05.2011 (Annexure A-4) of the Income Tax Appellate Tribunal, Chandigarh (for short 'Tribunal') for the assessment year 2006-07. The Tribunal was examining the appeal filed by the Department against the order passed by the learned CIT(A) on 30.04.2010, on the following grounds:-

    "1. On the facts and in the circumstances of the case and in law, the ld. CIT(A) has erred in allowing appeal of the assessee without appreciating the facts of the case.

    2. On the facts and in the circumstances of the case, the ld. CIT(A) has erred in deleting the addition of Rs.13,61,450/- made by the AO for not charging of interest on loans and advances given to Directors and Subsidiaries.

    3. It is prayed that the order of the ld. CIT(A) be set a

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